[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2042 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2042

   To reform the process by which the Office of the Pardon Attorney 
  investigates and reviews potential exercises of executive clemency.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2000

    Mr. Hatch (for himself, Mr. Nickles, Mr. Lott, Mr. Abraham, Mr. 
    Thurmond, Mr. Kyl, Mr. Ashcroft, Mr. Sessions, Mr. Smith of New 
Hampshire, and Mr. Coverdell) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To reform the process by which the Office of the Pardon Attorney 
  investigates and reviews potential exercises of executive clemency.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pardon Attorney Reform and Integrity 
Act''.

SEC. 2. REPRIEVES AND PARDONS.

    (a) Definitions.--In this section--
            (1) the term ``executive clemency'' means any exercise by 
        the President of the power to grant reprieves and pardons under 
        clause 1 of section 2 of article II of the Constitution of the 
        United States, and includes any pardon, commutation, reprieve, 
        or remission of a fine; and
            (2) the term ``victim'' has the meaning given the term in 
        section 503(e) of the Victims' Rights and Restitution Act of 
        1990 (42 U.S.C. 10607(e)).
    (b) Reporting Requirement.--If the President delegates to the 
Attorney General the responsibility for investigating or reviewing, in 
any particular matter or case, a potential grant of executive clemency, 
the Attorney General shall prepare and make available to the President 
a written report, which shall include--
            (1) a description of the efforts of the Attorney General--
                    (A) to make each determination required under 
                subsection (c); and
                    (B) to make the notifications required under 
                subsection (d)(1); and
            (2) any written statement submitted by a victim under 
        subsection (c).
    (c) Determinations Required.--In the preparation of any report 
under subsection (b), the Attorney General shall make all reasonable 
efforts to--
            (1) inform the victims of each offense that is the subject 
        of the potential grant of executive clemency that they may 
        submit written statements for inclusion in the report prepared 
        by the Attorney General under subsection (b), and determine the 
        opinions of those victims regarding the potential grant of 
        executive clemency;
            (2) determine the opinions of law enforcement officials, 
        investigators, prosecutors, probation officers, judges, and 
        prison officials involved in apprehending, prosecuting, 
        sentencing, incarcerating, or supervising the conditional 
        release from imprisonment of the person for whom a grant of 
        executive clemency is petitioned or otherwise under 
        consideration as to the propriety of granting executive 
        clemency and particularly whether the person poses a danger to 
        any person or society and has expressed remorse and accepted 
        responsibility for the criminal conduct to which a grant of 
        executive clemency would apply;
            (3) determine the opinions of Federal, State, and local law 
        enforcement officials as to whether the person for whom a grant 
        of executive clemency is petitioned or otherwise under 
        consideration may have information relevant to any ongoing 
        investigation or prosecution, or any effort to apprehend a 
        fugitive; and
            (4) determine the opinions of Federal, State, and local law 
        enforcement or intelligence agencies regarding the effect that 
        a grant of executive clemency would have on the threat of 
        terrorism or other ongoing or future criminal activity.
    (d) Notification to Victims.--
            (1) In general.--The Attorney General shall make all 
        reasonable efforts to notify the victims of each offense that 
        is the subject of the potential grant of executive clemency of 
        the following events, as soon as practicable after their 
        occurrence:
                    (A) The undertaking by the Attorney General of any 
                investigation or review of a potential grant of 
                executive clemency in a particular matter or case.
                    (B) The making available to the President of any 
                report under subsection (b).
                    (C) The decision of the President to deny any 
                petition or request for executive clemency.
            (2) Notification of grant of executive clemency.--If the 
        President grants executive clemency, the Attorney General shall 
        make all reasonable efforts to notify the victims of each 
        offense that is the subject of the potential grant of executive 
        clemency that such grant has been made as soon as practicable 
        after that grant is made, and, if such grant will result in the 
        release of any person from custody, such notice shall be prior 
        to that release from custody, if practicable.
    (e) No Effect on Other Actions.--Nothing in this section shall be 
construed to--
            (1) prevent any officer or employee of the Department of 
        Justice from contacting any victim, prosecutor, investigator, 
        or other person in connection with any investigation or review 
        of a potential grant of executive clemency;
            (2) prohibit the inclusion of any other information or view 
        in any report to the President; or
            (3) affect the manner in which the Attorney General 
        determines which petitions for executive clemency lack 
        sufficient merit to warrant any investigation or review.
    (f) Applicability.--Notwithstanding any other provision of this 
section, this section does not apply to any petition or other request 
for executive clemency that, in the judgment of the Attorney General, 
lacks sufficient merit to justify investigation or review, such as the 
contacting of a United States Attorney.
    (g) Regulations.--Not later than 90 days after the date of 
enactment of this Act, the Attorney General shall promulgate 
regulations governing the procedures for complying with this section.
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